【法规名称】
【法规编号】 81899 什么是编号？
【正 文】
第2页 CAP 496 WHALING INDUSTRY (REGULATION) ORDINANCE
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[接上页] (2) An order under subsection (1) may provide that in its application by virtue of the order, this Ordinance shall have effect with such exceptions, adaptations or modifications as may be specified in the order. (Enacted 1996) [1934 c. 49 s. 1 U.K. as substituted by 1981 c. 29 s. 35(2) U.K.] Cap 496 s 6 Whaling ships, aircraft and factories to be licensed (1) Subject to section 9 and without prejudice to section 4, it shall be an offence- (a) outside the waters of Hong Kong for any Hong Kong ship or Hong Kong aircraft to be used to take, tow or treat whales; or (b) for any factory situated in Hong Kong to be used for treating whales,unless the owner or charterer of the ship or aircraft, or the occupier of the factory, as the case may be, is the holder of a licence granted under section 7(1) authorizing the ship, aircraft or factory to be used for such activity. (2) In the event of any contravention of this section- (a) in respect of a Hong Kong ship, the master, the owner and the charterer (if any); (b) in respect of a Hong Kong aircraft, the commander, the owner and the charterer (if any); or (c) in respect of a factory, the manager and the occupier,each commit an offence and are liable on conviction on indictment, for each whale taken, towed or treated in contravention of this section- (i) to a fine not exceeding $500000; and (ii) to an additional fine not exceeding the value of any whale products obtained or obtainable from the whale.(3) In the event of a conviction under this section the court may order the forfeiture of any whale carcass or whale products the subject of the contravention. Where the court makes an order of forfeiture, it may, if it thinks fit, give directions for the destruction or disposal of any such forfeited items by the Director of Agriculture, Fisheries and Conservation. (Amended L.N. 331 of 1999) (Enacted 1996) [cf. 1934 c. 49 s. 4 U.K. as amended by 1981 c. 29 s. 35(3) U.K.] Cap 496 s 7 Grant of licences (1) On application made in such manner as the licensing authority may determine by the owner or charterer of any Hong Kong ship, or by the owner or charterer of any Hong Kong aircraft, or by the occupier of any factory situated in Hong Kong, and on payment of the applicable fee, the authority may grant to the applicant a licence in such form and subject to such conditions as the licensing authority may determine authorizing that ship, aircraft or factory to be used for the purpose of taking, towing or treating whales, as the case may require. (2) A licence shall also contain such conditions as may be specified in regulations under section 13, and such regulations may specify different conditions for different classes of licence. (3) A licence granted under this section shall, unless previously cancelled on the grounds of contravention of the conditions of the licence, continue in force for 1 year from the day specified therein as the day on which it takes effect, or for such shorter period beginning on that day as may be specified in the licence. (4) The licensing authority shall refuse to grant a licence under this section if- (a) the applicant has been convicted of an offence under this Ordinance; or (b) in the opinion of the licensing authority a refusal is necessary in order to meet the obligations of the International Convention for the Regulation of Whaling signed at Washington on 2 December 1946. (Enacted 1996) [cf. 1934 c. 49 s. 5 U.K. & 1938 c. 30 s. 44 U.K.] Cap 496 s 8 Breach of conditions (1) If any condition attached to a licence under this Ordinance, except the condition referred to in subsection (2), is contravened, then in the case of a licence granted in respect of- (a) a Hong Kong ship, the master, and the owner and the charterer (if any); (b) a Hong Kong aircraft, the commander, and the owner and the charterer (if any); or (c) a factory, the manager and the occupier,are each liable on conviction to a fine at level 5, and the court by whom the offender is convicted may, if it thinks fit, cancel any licence granted to the offender under this Ordinance, being a licence which is for the time being in force in respect of the ship, aircraft or factory, as the case may be. (2) A person who fails to keep any record in accordance with the conditions attached to a licence or knowingly makes, in any record which he is required by such conditions to keep, a statement false in any material particular, commits an offence and is liable on conviction to a fine at level 3. (Enacted 1996) [cf. 1934 c. 49 s. 6 U.K. & 1938 c. 30 s. 45 U.K.as amended by 1981 c. 29 s. 35(4) & (5) U.K.] Cap 496 s 9 Permits to take and treat whales for scientific purposes Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) Notwithstanding anything in this Ordinance, the relevant authority in the Central People's Government may grant to any person a permit authorizing that person to kill, take and treat whales for the purposes of scientific research or for other exceptional purposes, subject to such restrictions as to the number, and subject to such other conditions, as the relevant authority in the Central People's Government thinks fit, and the killing, taking or treating of whales in accordance with a permit in force under this section shall be exempt from the operation of the previous provisions of this Ordinance. (Amended 65 of 1999 s. 3) [cf. 1934 c. 49 s. 7 U.K.] |
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